AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question i had my Arbitration on feb 19, 09..my union rep told me i should have my answer if i won my case by the end of April.i really feel that im getting the run around. ive been out of work since jan 8, 08..is this normal,for this to take this long? An what would u do if u were in my situation?
Answer Thanks for your question!
Unlike litigation conducted in State and Federal Courts, arbitration is very industry and location specific in how it is conducted and how it is administered. Different venues have all developed unique and very difference conventions and processes that they use in their specific situations. Therefore, an arbitration between parties at the Postal Service is a completely different process than a military arbitration or procurement or contracting arbitration or real estate or human resource arbitration.
Hence, other than a general form and rules of engagement, there isn't really a proscribed "procedure" that applies to all arbitration processes.
Arbitration has a simple general approach that involves each side presenting their view of the dispute, and then some opening for less formal discussion and for the arbiter to ask questions and review evidence or documents, followed by a ruling.
Once an arbitration has occurred, what happens next also varies widely. Sometimes the decision is entered as a stipulated judgment in a court, other times it is administered internally or through a Union or Trade organization. Other times there is no post-judgment structure at all -- and the "winner" must still pursue additional actions to get satisfaction.
Your individual situation will have its own "usual and customary" rules and procedures that you will have to figure out in order to assess your options.
Of course, you always have the right to file lawsuits if you are unsatisfied, but these types of actions must be financed by you and are very expensive.
If I were you I think I would be sizing up the likely outcomes over the most likely timetables and calculating the costs in time and money of my options. Often our range of choices is much wider than we think, and there are many constructive choices to consider that can keep you moving and not reliant on some heartless bureaucratic process.
